Industry Insights
| Stats, Lies and the Truth | 05/19/2014 | ||
| By: Michael T. Berns | |||
| State: NY | Segment: | 0 | |||
| As I have written on more than one occasion, a hospital can brag about how the mortality rate in their hospital has dropped to almost zero: they have a special squad that takes patients who are about to die and moves them into the parking lot next door to die.The same holds true for the ...Read More | |||
| Should We Get the Workers' Comp Commission Ready for Rauner? | 03/27/2014 | ||
| By: Eugene Keefe | |||
| State: IL | Segment: | 0 | |||
| As we predicted, upstart candidate Bruce Rauner basically came from nowhere to sweep to become the Republican candidate for Governor. The oddest aspect of the primary was the millions spent by government unions to support Rauner’s leading Republican opponent and the phone calls and pleas for D...Read More | |||
| Structure of MSA Negotiation Provides Insurer with Rare Windfall | 01/08/2014 | ||
| By: Jennifer Jordan | |||
| State: NA | Segment: | 0 | |||
| The way Medicare set-asides are arranged these days, carriers generally have no benefit in unused funds upon a claimant’s premature death. Absent a custodial situation, carriers retain no rights in funds ultimately not needed for future medical expenses. MSA funds are actually completely unenc...Read More | |||
| Startling Numbers from Calif. Workers' Comp Reform | 12/02/2013 | ||
| By: James J. Moore | |||
| State: CA | Segment: | 0 | |||
| Workers Compensation Action Network (WCAN) recently published a press release and email on the effects on Senate Bill 863. Even if you have no California workers' compensation interest...Read More | |||
| Should We Reconsider How Death Benefits Are Awarded? | 11/14/2013 | ||
| By: Eugene Keefe | |||
| State: IL | Segment: | 0 | |||
| Not sure if you like or dislike gay marriage and divorce, but we are certain one’s personal feelings have nothing to do with it any more — it is soon to be the law in our state, our elected leaders have spoken and we are all going to have to adjust. On some levels, we are thrilled to see...Read More | |||
| September 2013 Case Law Update | 09/11/2013 | ||
| State: CA | Segment: | 0 | |||
| JURISDICTION AND SUBROGATIONIn Cherry v. County of Los Angeles/DCFS AIMS Santa Clarita, 2013 Cal. Wrk. Comp. P.D. LEXIS 249, the WCAB held that an employer was not collaterally estopped from litigating an applicant's claim that he sustained an injury arising out of and in the course ...Read More | |||
| SB 863 and the DSM-5: One Door Closes and another Opens | 08/27/2013 | ||
| By: Dr. Bruce Leckart | |||
| State: CA | Segment: | 0 | |||
| As you all know, SB 863 indicates that although an injured worker is entitled to treatment for sleep dysfunction and sexual dysfunction, they are not to be compensated for any permanent disability in these areas. In addition, injured workers will not be compensated for psychiatric injuries that are ...Read More | |||
| Sandbagged | 07/22/2013 | ||
| State: CA | Segment: | 0 | |||
| An excellent July 12 piece on independent medical review by Greg Jones of WorkCompCentral notes a troubling trend.It seems that some IMR decisions are being rendered without the IMR physician reviewer having the medical records.As of July 1, IMR is now in effect for medical d...Read More | |||
| Sports Fans - Don't Stipulate in California | 07/08/2013 | ||
| State: CA | Segment: | 0 | |||
| In many workers' compensation litigated disputes, much of the factual issues are stipulated because the legal issues are so limited.But sometimes a stipulation will work against a party when the existing law is shifting in scope and context.One of the noted trends sweepin...Read More | |||
| Sometimes Back to Basics | 06/26/2013 | ||
| State: FL | Segment: | 0 | |||
| The last two weeks have brought two interesting settlement issues to my attention. Both were drafted and signed by attorneys with significant experience in Florida workers’ compensation. Therefore, I conclude that some reminders would be of assistance.Workers’ compensation in...Read More | |||
